Smt. Mankunwar Vs Sah Bhumi Sanrakshan Adhikari — Motor Accident Claims | Chhattisgarh HC (2024)

Smt. Mankunwar Vs Sah Bhumi Sanrakshan Adhikari — Motor Accident Claims | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Enhancement of compensation: additional Rs. 1,08,000/- payable by the State over the Rs. 82,000/- already awarded, with 6% interest, to be deposited within sixty days; 50% in fixed deposit for 2 years in a nationalized bank in the appellant's name and 50% paid to her through bank transaction.

Issue for consideration

Whether the compensation of Rs. 82,000/- awarded by the Tribunal is inadequate — particularly the assessment of the deceased's income and the amounts awarded on other heads — and therefore requires enhancement.

Court's answer

The Tribunal's assessment of the deceased's monthly income at Rs. 4,000/- is replaced with Rs. 3,000/- (annual Rs. 36,000/-), having regard to the age of the deceased, the minimum wages prevailing at the time, and the legal position existing as of now.

Ratio / Principle

One-third of the income (Rs. 12,000/-) is taken as the deceased's personal and living expenses and the remaining Rs. 24,000/- annually is treated as payable towards the claimant.

Key takeaways

Applying a multiplier of 5, the total loss of dependency is computed at Rs. 1,20,000/-.ratio¶19
To the loss of dependency are added Rs. 15,000/- towards loss of estate, Rs. 15,000/- towards funeral expenses and Rs. 40,000/- as consortium to the appellant, taking the total compensation to Rs. 1,90,000/-.ratio¶19
After deducting the Rs. 82,000/- already awarded by the Tribunal, the enhanced compensation to which the appellant is entitled is Rs. 1,08,000/-.

Detailed headnote1 paragraphs

Enhancement of compensation under S. 173 MV Act for accidental death of Dharamjeet Sahu, a 75-year-old agriculturist. The MACT, Manendragarh (Claim Case No. 33/2014) had awarded Rs. 82,000/- against a claim of Rs. 11,30,000/-. This Court replaced the Tribunal's assessment of the deceased's monthly income (Rs. 4,000/-) with Rs. 3,000/- (annual Rs. 36,000/-), considering the deceased's age, the minimum wages prevailing at the time and the present legal position; deducted one-third (Rs. 12,000/-) towards personal and living expenses, leaving Rs. 24,000/- annually towards the claimant; applied multiplier of 5 to arrive at loss of dependency of Rs. 1,20,000/-; and added Rs. 15,000/- towards loss of estate, Rs. 15,000/- towards funeral expenses and Rs. 40,000/- as consortium, totalling Rs. 1,90,000/-. Deducting the Rs. 82,000/- already awarded, enhanced compensation of Rs. 1,08,000/- was granted, to be deposited by the State within sixty days with 6% interest, half in a 2-year fixed deposit in a nationalized bank in the appellant's name and half through bank transaction. Appeal allowed in part.

1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR MAC No. 251 of 2019

1. Smt. Mankunwar, aged about 50 years, W/o late Dharamjeet Sahu, by Caste Teli, R/o Village Jilda, Thana Khadgawa, District Koriya, CG

---- Appellant/Claimant

Versus

1. Sah Bhumi Sanrakshan Adhikari, Manendragrh, Tahsil Manendragarh, District Koriya, CG (Director: Agriculture, Director, Agriculture Department, Manendragarh, District Koriya, CG

2. Sub Divisional Magistrate, Manednragarh, District Koriya,CG

---Respondents

For appellant	- Shri Alok	Tiwari, Advocate
For respondents	- Shri G.L.	Uikey, PL

Order on Board by Hon'ble Shri Justice Sachin Singh Rajput 06/05/2024:

This appeal under Section 173 of the Motor Vehicle Act (for short “MV Act”) is against the impugned award dated 11.10.2018 passed by Motor Accident Claims Tribunal (for short “Tribunal”) Manendragarh, District Koriya, CG, in Claim Case No. 33/2014.

This is an appeal for enhancement of the compensation amount for the accidental death of Dharamjeet Sahu who at that time was aged about 75 years and an agriculturist by occupation. Learned Tribunal awarded Rs. 82,000/- as compensation as against the claimed one Rs. 11,30,000/-. Hence this appeal.

Counsel for the appellants submits that the assessment of the income of the deceased is on the lower side and needs enhancement. Same,

2

according to him, is the position with the amount awarded on other heads also.

Counsel for respondent/State however supports the award under challenge.

Heard counsel for the parties and perused the record.

Learned Tribunal has taken the monthly income of the deceased at Rs. 4,000/- which in the facts and circumstances of the case, looking to the age of the deceased, the minimum wages prevailing then, and the legal position existing as of now, is replaced by Rs. 3,000/- and the annual being Rs. 36,000/-. 1/3rd of his income i.e. Rs. 12,000/- can be taken to have been spent on his own personal and living expenses and the remaining Rs. 24,000/- towards the claimant. After applying the multiplier of 5, the total loss of dependency comes to Rs. 1,20,000/- Adding Rs. 15,000/- towards loss of estate; Rs. 15,000/- towards funeral expenses and Rs. 40,000/- as consortium to the appellant, the total compensation arrives at Rs. 1,90,000/-. After deducting Rs. 82,000/- already awarded by the Tribunal, the enhanced compensation for which the appellant is now entitled to, comes to Rs. 1,08,000/-.

This enhanced compensation to be deposited by the State within sixty days from the date of appeal with 6% interest. On that being done, 50% shall be invested in the name of the appellant in fixed deposit in a nationalized bank for a period of 2 years and the remaining 50% shall be paid to her through bank transaction.

Appeal thus allowed in part.

Sd/-

(Sachin Singh Rajput) Judge

Jyotishi